512-477-9433 512-477-9433
Home / Wills and Probate FAQ

Executors may sometimes be allowed to receive 5% of the Estate's value as fees.After a will has been signed by the Testator and witnesses, along with the Notary who has affixed it's seal to the Will, handwritten changes are only allowed if the change meets with all the requisites of a valid will.There is no default in Probate. Either the decedent has or doesn't have a Will. If the Decedent left a will, then the will should govern the distribution. If no will exists, then the statutes of descent and distribution will govern. Sometimes this latter method is called the "default" method. When all indebtedness is paid or otherwise resolved. Many times when the estate is finally distributed.Generally the probate process is required to allow the estate representative to pass legal title to the beneficiary, such as real property titles, title to assets that are subject to being titled with the state or local governments, and to handle disputes within the group of beneficiaries. Some banks require the handling of the decedent's money by someone who can present court-issued Letters Testamentary or Letters of Administration to bank officials. If no contest is involved, generally the process is to file the Application, along with the Will and the Decedent's Death Certificate. It must be on file for 10 days and then after 10 days have elapsed, a hearing is held in the Probate Court. The local probate court will have it's requirements for which documents are required for the hearing. Typically, the court will require a Judgment/Order for it to sign which admits the will to probate; a Proof of Death and Other Facts must be signed and made a part of the record which the court takes notice of, and lastly, the court will require the executor to file an Oath of Office. In some instances, although not many, the court may require a financial bond to be filed. As soon as the Trust's has seen pass all the triggers, written in to the trust that allows distribution. Partial distributions may be made.The passage of title from the Decedent to the beneficiary.The beneficiary typically has few duties, aside from proving he/she qualifies as an appropriate beneficiary.


Contact Form

We will respond to your inquiry in a timely fashion. Thank you.

Quick Contact Form